Town of Orangetown Hires Consultant To Study Data Center Moratorium
The Town of Orangetown has hired a consultant to study a potential moratorium on data centers, though it explicitly states the measure would not impact DataBank's pending application. Residents, concerned about grid strain, water quality, and noise, are actively opposing DataBank's project and criticizing its exclusion from the proposed moratorium. The New York State Legislature also passed a bill for a statewide moratorium on large-scale data centers, awaiting the Governor's signature.
The Town of Orangetown unanimously passed a resolution to hire consultant AKRF of White Plains to study and prepare a proposed moratorium local law on data centers. The consultant will also analyze land use and environmental concerns, and prepare zoning text and map amendments, with the study costing $31,000.
The Town Supervisor, Teresa Kenny, stated that any future moratorium would not impact DataBank's application for a scaled-down Phase II data center, citing legal limitations on interfering with the Planning Board. This decision drew strong criticism from residents, including Chris Kielbiowski and David Rosen of the NY/NJ DataCenter Crisis Coalition, who argue that excluding DataBank is a "carve-out" that protects the developer over the community. Residents are concerned about the project's impact on the electrical grid, water quality near the Tappan Reservoir, and noise levels.
DataBank is seeking approval for a significantly reduced Phase II facility, from 145,000 to 77,862 square feet, and has scrapped plans for a new electrical substation, claiming existing power is sufficient. The company's first 145,000 square foot Phase I facility opened in May. Residents are also challenging the town's zoning position, arguing that data centers are not explicitly permitted in the LIO zone and that no written determination exists for their allowance, contrary to a 17-year-old building inspector's decision.
Separately, the New York State Legislature passed the Responsible Data Center Development Act, proposing a one-year statewide moratorium on new large-scale data centers (20MW or more), which would include environmental impact assessments and renewable energy benchmarks if signed into law by Governor Kathy Hochul.